(1) An adult person (other than an exempt person) who resides on the same property as an authorised carer or on a property where a home based education and care service or family day care service is provided must hold a working with children check clearance (of any class) or have made a current application to the Children’s Guardian for a clearance.

Maximum penalty: 100 penalty units, or imprisonment for 2 years, or both.

(2) The designated agency (that authorised the authorised carer) or the approved provider (of the home based education and care service or family day care service) referred to in subsection (1), must ensure that the adult person complies with that subsection.

Maximum penalty: 100 penalty units, in the case of a corporation, and 50 penalty units in any other case.

(3) For the purposes of this section, a person no longer has a clearance or a current application for a clearance if an interim bar is in effect against the person.

(4) It is a defence to proceedings for an offence against subsection (1) if the accused person establishes that the accused person did not know, at the time the offence was committed, that the care or service referred to in that subsection was provided on that property.

(5) It is a defence to proceedings for an offence under subsection (1) or (2) if the accused person establishes that:

(a) the adult person had been residing on the property for less than 3 weeks, or

(b) the offence was consequential on the adult person being subject to an interim bar, withdrawing an application, having an application for a clearance terminated or refused or having a clearance cancelled and the accused person:

(i) did not know about the interim bar, withdrawal, termination, refusal or cancellation, or

(ii) in the case of an adult person who resides on the same property as an authorised carer, had not known about the interim bar, withdrawal, termination, refusal or cancellation for more than 48 hours.

(6) For the purposes of the application of this Act (other than section 9) to an adult person required by this section to hold a clearance, the designated agency or approved provider referred to in subsection (2) is to be treated as the employer of the adult person.

(7) In this section:

exempt person means a person who is required under another provision of this Act to, or is exempt from the requirement to, hold a working with children check clearance.